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terms and conditions for
general public
1.GENERAL
These Conditions shall apply to all our quotations and all contracts and orders for the sale of goods accepted by us. Any other terms, conditions, warranties and representations, whether made prior to, collateral with, or subsequent to the contract or orders are hereby excluded. Special or additional terms of the Purchaser contained in this order shall be of no effect unless the same is separately brought to our notice and express consent thereto is given in our acceptance.
2.DOCUMENTS
a) All literature illustrations drawings and specifications weights measures technical data estimates of performance that we supply have been prepared by the Manufacturers of the goods and accordingly we cannot accept liability for any inaccuracy, omission, variation of any kind or for any loss howsoever caused arising out of the supply of such and they shall not form part of any contract or be binding in any way.
b) We reserve the right at any time to correct clerical or technical errors in the contract documents
c) The Purchaser shall furnish us with all necessary specifications with his order. We take no responsibility for goods manufactured, priced or delivered not in accordance with the order or the specification or any requirements of any Government or other inspecting authority. It is the Purchaser’s duty to check that any technical information supplied by us and any particulars included in our acknowledgement confirming these specifications are correctly set out.
d) It should be noted by the Purchaser that all products supplied for us operate at their most efficient:
1) Only if (where wood is used as a fuel) dry seasoned wood with a moisture content not exceeding 20% is used and;
2) The product is properly installed (and without prejudice to the generality of the foregoing) being fitted with all necessary thermostatic controls and all by passes to keep the return temperature at the correct level.
If these precautions are not taken then the product will not operate efficiently and MAY CAUSE DAMAGE TO THE BOILER AND PRODUCT. Whilst we are always happy to investigate complaints it is for the Purchaser to ensure and show if necessary that the above precautions have been observed and notwithstanding any other terms and conditions herein we cannot under any circumstances he held liable for replacing or repairing any product or parts or for any loss in the event of the non-observance of these precautions.
3.PRICES
Quotations only refer to goods and articles specified therein and available at the time of quotation. All selling prices contained in quotations and acknowledgments are nett, exclusive of VAT and are those ruling at the date of quotation or acknowledgment. They are provisional only and are subject to revision by us at any time without notice before the goods are despatch to take account of subsequent variations in the cost of materials, labour, awards or increases in overhead costs. We may also revise prices where the Purchaser calls down quantities smaller than those specified in his order. The Purchaser shall pay the prices as so revised. All prices quoted are exclusive of carriage charge. VAT shall be charged at the appropriate rate for the time being in force.
4.TERMS OF PAYMENT
a) Unless otherwise stipulated in our acknowledgment, payment is due within 30 days from the date of despatch of the goods. Until payment in full has been received, even though delivery to the Purchaser has been effected, the property in the goods shall remain vested in us and the Purchaser therefore hereby assigns to us all its right and interest in any contract for the sale of goods purchased from us for which payment in full has not been made to us and accordingly the Purchaser shall hold all monies received by it in respect of such assigned sale contracts on trust for us.
b) Where the contract is to be or may be fulfilled in separate instalments, deliveries or parts, payment a separate contract.
c) Should the Purchaser fail punctually to comply with the terms of payment, we shall be entitled to interest on any amount overdue at the rate of 2.0 per cent per month.
d) In the event of the Purchaser for any reason whatsoever failing within one calendar month to effect any payment which may be due under the / or any / contract or order with us, or if he becomes insolvent or enters into a composition with or for the benefit of his creditors, or being a body corporate has a receiver appointed of its undertaking or assets or any part thereof, or save for the purposes of reconstruction or amalgamation, goes into liquidation, we shall thereupon be entitled, without prejudice to our other rights to give formal notice to the Purchaser terminating his right to possession of the goods whereupon the Purchaser shall be bound at his own expense to redeliver the goods to us. In all such cases we may ourselves retake possession of the goods and we are in such circumstances irrevocably authorised by the Purchaser to enter the premises on which the goods are situated and to dismantle and remove the goods at the Purchaser’s expense. In addition we shall be entitled forthwith to terminate the contract or any unfulfilled part thereof, or at our option to make partial deliveries.
5.TIME FOR DISPATCH
All periods for despatch and delivery expressed in the contract are approximate only. We use all reasonable endeavours
to effect despatch within the stipulated period, or if no such period be stipulated, within a reasonable time.
However, we shall be under no liability for any loss or damage to the Purchaser or others arising directly or indirectly out of late despatch or delivery, whether due to our default or not, nor shall such late despatch or delivery be deemed to be a breach of contract, nor entitle the Purchaser to cancel the contract.
6.DELIVERY
a) When delivery is effected on our vehicles or by an independent contractor arranged by us the Purchaser, having had prior notification, shall be bound to accept delivery of the goods on arrival at his works, when sole risk in the goods shall pass to the Purchaser. Where payment in full has not been received the Purchaser shall on delivery insure and keep fully insured the goods against all and ever risk including specifically but without prejudice to the generality of the foregoing damage by the Purchaser or third parties, fire, explosion, aircraft, theft, tempest and flood; and the Purchaser shall also be responsible for the maintenance and care of the goods in addition to indemnifying us against any depreciation in the value of the goods, shall also indemnify us against any damage caused to the goods should payment in full not be made.
b) The Purchaser must notify us and the carrier in writing (otherwise than upon the carrier’s documents), of damage in transit, miss-delivery or quantity discrepancy immediately on arrival. The Purchaser must notify us and the carrier in writing (otherwise than upon the carrier’s documents) of non-delivery within 5 working days where delivery is effected through the post, by road transport or British Rail, and 2 working days where delivery is effected on our own vehicles, in all cases from the date of despatch advised by the Purchaser.
c) Where delivery is affected on the Purchaser’s vehicles or is arranged by him, risk in the goods shall pass to the purchaser on delivery to the carrier, whether he be the Purchaser’s servant or agent or an independent contractor arranged by the Purchaser.
d) Without prejudice to our other rights should the Purchaser for any reason fail to accept delivery of the goods on arrival (prior notification of delivery having been made) then at the entire risk and expense of the Purchaser we shall be entitled to store the goods and/or to procure or effect storage of goods elsewhere and we shall further be entitled to be paid by the Purchaser for the cost of re-delivery and storage of the goods.
e) The Purchaser warrants that any necessary unloading facilities will be available at the place of delivery.
7.EXCLUSION OF LIABILITY
We are hereby expressly excluded from any liability howsoever arising in respect of any express or implied condition, statement, representation or warranty, statutory or otherwise relating to any goods supplied by us.
8.INDEMNITY
The Purchaser shall indemnify us against all actions, claims, demands, penalties, and costs by third parties in tort, or for infringement or alleged infringement of patents or registered designs or otherwise arising in connection with the goods or with their delivery or unloading or with work done by us on the goods in accordance with the Purchaser’s specifications.
9.RETURN OF GOODS
We will not accept the return of goods already delivered to the Purchaser otherwise than pursuant to Clause 6 (c) hereof or by special arrangement and then subject to the appropriate restocking charge which shall not be less than 10% of the nett invoice value.
10.ARBITRATION
All disputes differences and questions which may at any time arise between the parties hereto or their respective representatives or assigns touching or arising out of or in respect of these Conditions or the subject matter thereof shall be referred to a single Arbitrator in accordance with the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force.
11.LEGAL CONSTRUCTION
The contract shall in all respects be construed and operate in conformity with English Law. If any of these Conditions or any part thereof is rendered void or unenforceable by any legislation to which it is subject, if shall be so void and unenforceable to that extent and no further.
1.GENERAL
These Conditions shall apply to all our quotations and all contracts and orders for the sale of goods accepted by us. Any other terms, conditions, warranties and representations, whether made prior to, collateral with, or subsequent to the contract or orders are hereby excluded. Special or additional terms of the Purchaser contained in this order shall be of no effect unless the same is separately brought to our notice and express consent thereto is given in our acceptance.
2.DOCUMENTS
a) All literature illustrations drawings and specifications weights measures technical data estimates of performance that we supply have been prepared by the Manufacturers of the goods and accordingly we cannot accept liability for any inaccuracy, omission, variation of any kind or for any loss howsoever caused arising out of the supply of such and they shall not form part of any contract or be binding in any way.
b) We reserve the right at any time to correct clerical or technical errors in the contract documents
c) The Purchaser shall furnish us with all necessary specifications with his order. We take no responsibility for goods manufactured, priced or delivered not in accordance with the order or the specification or any requirements of any Government or other inspecting authority. It is the Purchaser’s duty to check that any technical information supplied by us and any particulars included in our acknowledgement confirming these specifications are correctly set out.
d) It should be noted by the Purchaser that all products supplied for us operate at their most efficient:
1) Only if (where wood is used as a fuel) dry seasoned wood with a moisture content not exceeding 20% is used and;
2) The product is properly installed (and without prejudice to the generality of the foregoing) being fitted with all necessary thermostatic controls and all by passes to keep the return temperature at the correct level.
If these precautions are not taken then the product will not operate efficiently and MAY CAUSE DAMAGE TO THE BOILER AND PRODUCT. Whilst we are always happy to investigate complaints it is for the Purchaser to ensure and show if necessary that the above precautions have been observed and notwithstanding any other terms and conditions herein we cannot under any circumstances he held liable for replacing or repairing any product or parts or for any loss in the event of the non-observance of these precautions.
3.PRICES
Quotations only refer to goods and articles specified therein and available at the time of quotation. All selling prices contained in quotations and acknowledgments are nett, exclusive of VAT and are those ruling at the date of quotation or acknowledgment. They are provisional only and are subject to revision by us at any time without notice before the goods are despatch to take account of subsequent variations in the cost of materials, labour, awards or increases in overhead costs. We may also revise prices where the Purchaser calls down quantities smaller than those specified in his order. The Purchaser shall pay the prices as so revised. All prices quoted are exclusive of carriage charge. VAT shall be charged at the appropriate rate for the time being in force.
4.TERMS OF PAYMENT
a) Unless otherwise stipulated in our acknowledgment, payment is due within 30 days from the date of despatch of the goods. Until payment in full has been received, even though delivery to the Purchaser has been effected, the property in the goods shall remain vested in us and the Purchaser therefore hereby assigns to us all its right and interest in any contract for the sale of goods purchased from us for which payment in full has not been made to us and accordingly the Purchaser shall hold all monies received by it in respect of such assigned sale contracts on trust for us.
b) Where the contract is to be or may be fulfilled in separate instalments, deliveries or parts, payment a separate contract.
c) Should the Purchaser fail punctually to comply with the terms of payment, we shall be entitled to interest on any amount overdue at the rate of 2.0 per cent per month.
d) In the event of the Purchaser for any reason whatsoever failing within one calendar month to effect any payment which may be due under the / or any / contract or order with us, or if he becomes insolvent or enters into a composition with or for the benefit of his creditors, or being a body corporate has a receiver appointed of its undertaking or assets or any part thereof, or save for the purposes of reconstruction or amalgamation, goes into liquidation, we shall thereupon be entitled, without prejudice to our other rights to give formal notice to the Purchaser terminating his right to possession of the goods whereupon the Purchaser shall be bound at his own expense to redeliver the goods to us. In all such cases we may ourselves retake possession of the goods and we are in such circumstances irrevocably authorised by the Purchaser to enter the premises on which the goods are situated and to dismantle and remove the goods at the Purchaser’s expense. In addition we shall be entitled forthwith to terminate the contract or any unfulfilled part thereof, or at our option to make partial deliveries.
5.TIME FOR DISPATCH
All periods for despatch and delivery expressed in the contract are approximate only. We use all reasonable endeavours
to effect despatch within the stipulated period, or if no such period be stipulated, within a reasonable time.
However, we shall be under no liability for any loss or damage to the Purchaser or others arising directly or indirectly out of late despatch or delivery, whether due to our default or not, nor shall such late despatch or delivery be deemed to be a breach of contract, nor entitle the Purchaser to cancel the contract.
6.DELIVERY
a) When delivery is effected on our vehicles or by an independent contractor arranged by us the Purchaser, having had prior notification, shall be bound to accept delivery of the goods on arrival at his works, when sole risk in the goods shall pass to the Purchaser. Where payment in full has not been received the Purchaser shall on delivery insure and keep fully insured the goods against all and ever risk including specifically but without prejudice to the generality of the foregoing damage by the Purchaser or third parties, fire, explosion, aircraft, theft, tempest and flood; and the Purchaser shall also be responsible for the maintenance and care of the goods in addition to indemnifying us against any depreciation in the value of the goods, shall also indemnify us against any damage caused to the goods should payment in full not be made.
b) The Purchaser must notify us and the carrier in writing (otherwise than upon the carrier’s documents), of damage in transit, miss-delivery or quantity discrepancy immediately on arrival. The Purchaser must notify us and the carrier in writing (otherwise than upon the carrier’s documents) of non-delivery within 5 working days where delivery is effected through the post, by road transport or British Rail, and 2 working days where delivery is effected on our own vehicles, in all cases from the date of despatch advised by the Purchaser.
c) Where delivery is affected on the Purchaser’s vehicles or is arranged by him, risk in the goods shall pass to the purchaser on delivery to the carrier, whether he be the Purchaser’s servant or agent or an independent contractor arranged by the Purchaser.
d) Without prejudice to our other rights should the Purchaser for any reason fail to accept delivery of the goods on arrival (prior notification of delivery having been made) then at the entire risk and expense of the Purchaser we shall be entitled to store the goods and/or to procure or effect storage of goods elsewhere and we shall further be entitled to be paid by the Purchaser for the cost of re-delivery and storage of the goods.
e) The Purchaser warrants that any necessary unloading facilities will be available at the place of delivery.
7.EXCLUSION OF LIABILITY
We are hereby expressly excluded from any liability howsoever arising in respect of any express or implied condition, statement, representation or warranty, statutory or otherwise relating to any goods supplied by us.
8.INDEMNITY
The Purchaser shall indemnify us against all actions, claims, demands, penalties, and costs by third parties in tort, or for infringement or alleged infringement of patents or registered designs or otherwise arising in connection with the goods or with their delivery or unloading or with work done by us on the goods in accordance with the Purchaser’s specifications.
9.RETURN OF GOODS
We will not accept the return of goods already delivered to the Purchaser otherwise than pursuant to Clause 6 (c) hereof or by special arrangement and then subject to the appropriate restocking charge which shall not be less than 10% of the nett invoice value.
10.ARBITRATION
All disputes differences and questions which may at any time arise between the parties hereto or their respective representatives or assigns touching or arising out of or in respect of these Conditions or the subject matter thereof shall be referred to a single Arbitrator in accordance with the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force.
11.LEGAL CONSTRUCTION
The contract shall in all respects be construed and operate in conformity with English Law. If any of these Conditions or any part thereof is rendered void or unenforceable by any legislation to which it is subject, if shall be so void and unenforceable to that extent and no further.
